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2016 Supreme(MP) 100

ROHIT ARYA
Baba Gyandas – Appellant
Versus
Tahsildar, Sheopur – Respondent


Advocates:
J. P. Mishra for petitioner; R. P. Gupta, Deputy Government Advocate for respondent No.1/State; D. D. Bansal for respondent No.2.

JUDGMENT :

1. This writ petition under Article 227 of the Constitution of India is directed against the order dated 19.6.2013 passed by the Board of Revenue in Revision Case No.R-1528-I/2013 (Annexure P-1) whereby affirmed the order dated 22.2.2013 in Case No.1/12-13/A-12 (Annexure P-2) passed by the Tahsildar, Sheopur District Shoepur rejecting the objections to the demarcation proceedings on the premise that the petitioner is not recorded as Bhumiswami in the land records in respect of the land in question.

2. Facts relevant for disposal of this writ petition are to the effect that the petitioner has filed a civil suit seeking injunction in respect of agricultural land falling in Survey No.269/1Ka(3) admeasuring 1.208 hectare situated in village Salapura, Tahsil Sheopur, District Sheopur against private persons only. The trial Court dismissed the said Suit No.152A/2005(sic) (Gyan Das Baba Gurudin Chaturbhuj v. Chandrakanta and others) vide judgment and decree dated 13.1.2006. However, on appeal, the first appellate Court vide judgment and decree dated 13.7.2006 in Civil Appeal No.12-A/2006 has directed that since the plaintiff/appellant found to be in possession, he shall not be di















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